HomeMy Public PortalAboutResolution 2021-09-01 Deed of Conservation Easement for Elk Creek Meadow and Cozens MeadowTOWN OF FRASER
BOARD OF TRUSTEES
Resolution No. 2021-09-01
A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A DEED OF
CONSERVATION EASEMENT FOR ELK CREEK MEADOW AND COZENS MEADOW
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO, THAT:
1. The Board of Trustees hereby approves the terms of the Deed of Conservation Easement
for Elk Creek and Cozens Meadows, a copy of which is attached hereto and incorporated
herein by this reference.
2. The Mayor is authorized to execute such Deed of Conservation Easement upon receipt of a
copy signed by the Grantor, Grand Park Development, LLC.
READ, PASSED ON OLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS �- day of � 1 r 2021.
Votes in favor: (42-
Votes opposed: t
Absent: Q
Abstained: O
�0 1 O F FRy\
s�
(S L)
SEAT_
26tORAOP"/
-1-
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, CO O�RAAD�OO
BY:� CSC �Lt,TGI�
Mayor Pro -Tern
ATTEST:
C
Town Clerk
DEED OF CONSERVATION EASEMENT
[Elk Creek and Cozens Meadow]
THIS DEED OF CONSERVATION EASEMENT ("Deed") is granted on this day
of , 2021, by GRAND PARK DEVELOPMENT LLC, a Colorado limited liability
company ("Grantor"), whose address is P.O. Box 30, Winter Park, Colorado 80482, to TOWN
OF FRASER ("Grantee"), whose address is P.O. Box 370, Fraser, Colorado 80442. (Grantor
and Grantee are collectively referred to herein as the "Parties".)
RECITALS:
A. Description of Property. Grantor is the sole owner in fee simple of approximately
acres of land, located in Grand County, State of Colorado, more particularly described
in Exhibit A and depicted in Exhibit B, both attached hereto and made a part hereof (the
"Property").
B. Qualified Organization. Grantee is a municipal corporation of the State of
Colorado and qualified to be the holder of a conservation easement interest under C.R.S. § 38-
30.5-104(2).
C. Conservation Values. The conservation purposes of the conservation easement
conveyed by this Deed are set forth in Recitals C, D and E, and are collectively referred to hereafter
in this Deed as the "Conservation Values." The Conservation Values as defined herein include
the Conservation Values as they exist on the Effective Date (defined below) and as they may
evolve in the future based on changes in the ecological conditions of the Property.
1. Public Recreation and Education. The Property is in a predominantly
natural condition and features meadows, wetlands, ponds, waterways and riparian areas.
The Property includes public trails that will provide access to the Property for recreation
of the general public for hiking, biking, cross-country skiing, horseback riding, fishing,
wildlife viewing, photography and other similar passive recreational activities. The
Property's wildlife habitat can also provide opportunities for interpretive activities and for
education of the public about the environment, geology, and wildlife.
2. Relatively Natural Habitat. Elk Creek and Leland Creek traverse the
Property and include surrounding riparian areas. The Property also contains wetlands,
riparian areas and open meadows. The wildlife habitat on the Property provides food,
shelter, breeding ground, and migration corridors for several wildlife species, including
deer and moose. The Property contributes to the ecological viability of the Arapaho
National Forest.
3. Open Space. The Property is being preserved for the scenic enjoyment of
the general public and pursuant to a clearly delineated federal, state or local governmental
conservation policy (set forth in Recitals D and E below) and will yield a significant public
benefit.
Page I
a. Scenic Enjoyment. The Property contains a beautiful view of
meadows, riparian areas, wetlands and Leland Creek and Elk Creek. A large
portion of the Property is visible to the general public from U.S. Highway 40, Old
Victory Road and Grand Park Drive, which are open to and actively utilized by
residents of the Town of Fraser.
b. Significant public benefit. There is a foreseeable trend of intense
development in the Town of Fraser, including in the Grand Park and Rendezvous
developments adjacent to the Property currently and into the near future. There is
a strong likelihood that development of the Property would lead to or contribute to
degradation of the scenic and natural character of the area. Preservation of the
Property will continue to provide an opportunity for the general public to appreciate
its scenic values.
C. Clearly Delineated Government Conservation Policy. Protection of
the Property furthers the specific objectives of those clearly delineated government
conservation policies set forth in Recitals D and E below.
These Conservation Values are of great importance to Grantor, Grantee, the residents of Grand
County, and the State of Colorado.
D. State Policy Concerning Conservation Easements. C.R.S. § 33-1-101, provides
in relevant part that "it is the policy of the state of Colorado that the wildlife and their environment
are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the
people of this state and its visitors." C.R.S. § 35-3.5-101 states in part that "it is the declared policy
of the state of Colorado to conserve, protect, and encourage the development and improvement of
its agricultural land for the production of food and other agricultural products." C.R.S. § 38-30.5-
102 provides for the creation of conservation easements to maintain land "in a natural, scenic, or
open condition, or for wildlife habitat, or for agricultural, horticultural, wetlands, recreational,
forest or other use or condition consistent with the protection of open land, environmental quality
or life sustaining ecological diversity ..."
E. Other Supporting Government Policy. The Amended and Restated Annexation
Agreement for the Rendezvous Property (the "Annexation Agreement") recorded at Reception
No. 2003-0167333 of the Grand County, Colorado Clerk and Recorder's Office (the "Records"),
requires that the Property be encumbered by this Deed.
F. Baseline Documentation Report. In order to document the condition of the
Property as of the Effective Date (defined below), a report will be prepared by Grantee within six
(6) months after the Effective Date and dated as of the Effective Date (the "Baseline Report").
The Baseline Report will contain a natural resources inventory and also document the
Conservation Values and the characteristics, use, and status of improvements on and development
of the Property. The Baseline Report will be acknowledged by Grantor and Grantee as an accurate
representation of the Property as of the Effective Date, and a copy of the Baseline Report will be
kept on file in the offices of both Grantor and Grantee. The Baseline Report will be provided to
both parties and will be used by Grantee to assure that any future changes in the use of the Property
will be consistent with the terms of this Deed. However, the Baseline Report is not intended to
Page 2
preclude the use of other evidence to establish the condition of the Property as of the Effective
Date. Both Parties may agree to update the Baseline Report at any time, provided that any change
in condition to the Property from the time of the original Baseline Report is described in detail in
the update.
G. Conveyance of Conservation Easement. Grantor intends to create a conservation
easement pursuant to C.R.S. §§ 38-30.5-101, et seq., which conveyance Grantor acknowledges
shall not be a charitable gift but is conveyed as required by the Annexation Agreement.
NOW, THEREFORE, in consideration of the recitals set forth above, incorporated herein
by this reference, and the mutual covenants, terms, conditions, and restrictions contained herein,
and pursuant to the laws of the State of Colorado, Grantor voluntarily grants and conveys to
Grantee and Grantee voluntarily accepts, a perpetual conservation easement in gross
("Easement"), an immediately vested interest in real property defined by C.R.S. §§ 38-30.5-101,
et seq., and of the nature and character described in this Deed, for the purpose of preserving and
protecting the Conservation Values in perpetuity.
1. Purpose. The purpose of this Easement is to ensure that Grantor preserves and
protects in perpetuity the Conservation Values, in accordance with C.R.S. §§ 38-30.5-101, et seq.
("Purpose"). To effectuate the Purpose of this Easement, the Parties agree: (i) to permit those
uses of the Property that are expressly permitted by this Easement, subject to any limitations or
restrictions stated herein, and those uses of the Property that do not materially adversely affect the
Conservation Values, as determined by Grantee subject to Section 16 (Grantor's Notice) and
Section 17 (Grantee's Approval), and (ii) to prevent any use of the Property that is expressly
prohibited by this Easement or that will materially adversely affect the Conservation Values, as
determined by Grantee subject to Section 16 (Grantor's Notice) and Section 17 (Grantee's
Approval). Nothing in this Easement is intended to compel a specific use of the Property, such as
agriculture, other than the preservation and protection of the Conservation Values.
2. Rights of Grantee. To accomplish the Purpose of this Easement, this Deed conveys
the following rights to Grantee, its employees and its representatives:
A. To preserve and protect the Conservation Values in perpetuity;
B. To enter upon the Property at reasonable times to monitor Grantor's
compliance with and otherwise enforce the terms of this Easement; provided that prior to
such entry, Grantee shall first provide reasonable notice to Grantor, and Grantee shall not
unreasonably interfere with Grantor's use and quiet enjoyment of the Property;
C. To prevent any activity on or use of the Property that is inconsistent with
the Purpose or the express terms of this Easement and, except as limited by Section 7
(Responsibilities of Grantor and Grantee Not Affected), Grantee may require the
restoration of such areas or features of the Property that are damaged by an inconsistent
activity or use to the Property's condition at the Effective Date as documented by the
Baseline Report (defined below) and any update thereto, provided, however that if the
condition of the Property immediately prior to the damage was materially improved as
Page 3
compared to the condition of the Property at the Effective Date, Grantor shall restore the
Property to its condition immediately prior to such damage;
D. To access the Property in accordance with the provisions of Section 2.B
(Rights of Grantee), including vehicular, pedestrian or equestrian access, or using imagery
captured by airplane flyover, satellite, drones or other electronic devices, as necessary or
appropriate to exercise Grantee's rights hereunder, over and across any property and all
rights -of -way and roads owned by Grantor or over which Grantor has or shall have rights
of access to the Property. Grantee may use snowmobiles, ATVs, motorcycles or other
motorized vehicles to conduct monitoring but shall do so subject to the same limitations as
applicable to Grantor;
E. To receive notice, in the same manner and form as Grantor, of the exercise
by others of rights -of -way, easements, mineral rights and condemnation;
F. To enforce the terms and provisions of this Easement; and
G. All Development Rights as defined in Section 23.11(Development Rights).
Nothing in this Section shall preclude the right of Grantee to enforce the preservation and
protection of the Conservation Values or any other provisions of this Easement.
3. Rights Retained by Grantor. Subject to the terms and provisions of this Easement,
Grantor reserves to Grantor, and to Grantor's successors and assigns, all rights accruing from
Grantor's ownership of the Property, including: (i) the right to engage in or permit or invite others
to engage in all uses of the Property that are expressly permitted by this Easement, subject to any
limitations or restrictions stated herein, and those uses of the Property that are not prohibited by
this Easement and that do not materially adversely affect the Conservation Values; and (ii) to retain
the economic viability of the Property and to retain income derived from the Property from all
sources. Grantor may not, however, exercise these retained rights in a manner that is expressly
prohibited by this Easement or that materially adversely affects the Conservation Values.
4. Property Improvements. Grantor shall not construct any buildings or other
improvements (collectively, "Improvements") on the Property except as expressly permitted in
this Easement. Improvements existing as of the Effective Date, as described below and in the
Baseline Report, are permitted, and Grantor may maintain, repair, replace and reasonably enlarge
(subject to square footage limitations set forth below) such Improvements in their current locations
without Grantee's approval. Grantor reserves the right to construct or place only the new
Improvements listed below, and Grantor shall provide prior notice of such construction to Grantee
in accordance with Section 16 (Grantor's Notice) to allow Grantee to update its records. Once
constructed, Grantor may maintain, repair, replace and reasonably enlarge such new Improvements
in their initially -constructed locations without Grantee's approval. The following Improvements
shall be permitted anywhere on the Property, subject to the limitations set forth in this Deed:
fences, benches, wildlife viewing platforms, water lines, water wells, ditches, drainage and
detention facilities, water storage facilities, underground utilities, Roads (defined below), Trails
(defined below), information kiosks, trail markers and trash receptacles.
Page 4
A. New Improvements. Grantor may construct, install, and place the following
Improvements on the Property, only after the design, specific location and size of such
Improvements are approved by Grantee.
B. Roads and Trails. For purposes of this Section, "Roads" shall mean any
permanent road that is graded, improved or maintained, including any seasonal unimproved
roads and two -track roads. "Trails" shall mean any unimproved or improved path, or
paved or unpaved trail constructed or established by human use, but shall not include trails
established by wildlife, which are permitted but may not be improved or enlarged or used
for public access to the Property unless otherwise approved by Grantee in accordance with
Section 16 (Grantor's Notice) and Section 17 (Grantee's Approval). Grantor may
construct Roads or Trails only in the manner permitted below and only after providing
notice to Grantor in accordance with Section 16 (Grantor's Notice).
i. Roads. Grantor shall not maintain, construct or establish Roads on
the Property except for those existing Roads depicted on Exhibit C, attached hereto
and made a part hereof, or such other Roads approved by Grantee pursuant to
Sections 16 (Grantor's Notice) and 17 (Grantee's Approval).
ii. Trails. Grantor may maintain the existing Trails identified on
Exhibit C, including mowing the Trails and cutting back encroaching vegetation.
Grantor shall not construct or establish any new Trail on the Property unless
approved by Grantee pursuant to Sections 16 (Grantor's Notice) and 17 (Grantee's
Approval).
C. Fences. Grantor may repair and replace existing fences and construct new
fences anywhere on the Property, provided that the location and design of fences shall be
constructed in such a manner as to permit the movement of wildlife across the Property
consistent with standards approved by Colorado Parks and Wildlife ("CPW") and the
Purpose. Grantor and Grantee acknowledge that as of the Effective Date, the fencing on
the Property does not meet the requirements of this Section. Within six (6) months after
the Effective Date, Grantor shall add wildlife crossing areas or breaks within the fencing,
based upon consultation with CPW, to comply with the requirements of this Section.
D. Utility Improvements. Existing energy generation or transmission
infrastructure and other existing utility Improvements, if any, including but not limited to:
(i) natural gas distribution pipelines, electric power poles, transformers, and lines; (ii)
telephone and communications towers, poles, and lines; (iii) septic systems; (iv) water
wells, water storage and delivery systems; and (v) renewable energy generation systems
including, but not limited to, wind, solar, geothermal, or hydroelectric ("Utility
Improvements"), may be repaired or replaced with an Improvement of similar size and
type at their current locations on the Property without further permission from Grantee.
New Utility Improvements may only be constructed on the Property, subject to the
restrictions below and provided that they are consistent with the Purpose.
i. Requirements. Grantor shall not enlarge any existing Utility
Improvements or construct any new Utility Improvements on the Property without
Page 5
Grantee's approval pursuant to Sections 16 (Grantor's Notice) and 17 (Grantee's
Approval).
ii. Additional Requirements. Following the repair or replacement, or
the permitted and approved enlargement or construction of any Utility
Improvements, Grantor shall promptly restore any disturbed area to a condition
consistent with the Purpose. Any easement, right of way or other interest granted
to a third parry or otherwise reserved, to be used for Utility Improvements is subject
to Section 6.K (Easements, Rights of Way or Other Interests).
5. Resource Management. To accomplish the preservation and protection of the
Conservation Values in perpetuity, Grantor shall operate, manage and maintain the Property in a
manner that promotes the continued viability of the natural resources on the Property while
maintaining any permissible productive uses of the Property, subject to the provisions of this
Section 6. Specifically, Grantor shall conduct the uses listed below in a manner consistent with
the Purpose. Notwithstanding the foregoing, Grantor and Grantee recognize that changes in
economic conditions, in agricultural technologies, in accepted farm, ranch and forest management
practices, and in the situation of Grantor may result in an evolution of agricultural, silvicultural,
and other uses of the Property, and such uses may be permitted if approved by Grantee in
accordance with Sections 16 (Grantor's Notice) and 17 (Grantee's Approval).
A. Agriculture. Agricultural uses, including hay production, may be
conducted by Grantor on the Property, provided that livestock pasturage and other animal
operations are not permitted and no new or additional agricultural uses shall be permitted
unless approved by Grantee in accordance with Sections 16 (Grantor's Notice) and 17
(Grantee's Approval). Any new or additional agricultural uses permitted by Grantee shall
not interfere with access of the public to the Trails.
B. Timber and Vegetation. Grantor may cut trees and vegetation to control
insects and disease, to control invasive species, to prevent personal injury and property
damage, and for fire mitigation purposes including limited and localized tree and
vegetation thinning. Grantor may also cut dead trees on the Property for the construction
of permitted fences. Any large scale fire mitigation activities shall only be permitted in
accordance with a fire mitigation plan approved by Grantee pursuant to Sections 16
(Grantor's Notice) and 17 (Grantee's Approval). Commercial timber harvesting activities
are prohibited.
C. Relatively Natural Habitat. Grantor may conduct any activities to create,
maintain, restore, or enhance wildlife habitat and native biological communities on the
Property, provided that such activities do not temporarily or permanently have a material
adverse effect on the Conservation Values, except as otherwise prohibited by Section 5.H
(Hunting; Wildlife Control). If such activities could in any manner temporarily or
permanently have a material adverse effect on the Conservation Values, Grantor must first
notify Grantee and obtain Grantee's approval pursuant to Sections 16 (Grantor's Notice)
and 17 (Grantee's Approval).
Page 6
D. Minerals and Other Deposits. This Easement expressly prohibits the
mining or extraction of Minerals using any surface mining method. Grantor may permit
subsurface access to Minerals from locations off the Property, provided that Grantor shall
not permit such subsurface access to disturb the lateral and subjacent support of the
Property.
E. Recreation. Grantor may undertake passive recreational uses such as, and
without limitation, wildlife watching, photography, birding, horseback riding, hiking,
biking, cross-country skiing, and fishing, provided such uses are undertaken (i) in a manner
consistent with the Purpose, and (ii) on Roads and Trails. Such uses shall be non -
motorized, except as otherwise set forth in Section 6.J (Motorized Vehicle Operation).
Trails are permitted only in accordance with Section 4.B.ii (Trails).
F. Educational/Interpretive and Research/Monitoring Activities. Grantor
may use the Property for educational and interpretive activities and research and
monitoring activities on Roads and Trails without Grantee's permission, and such activities
may be conducted in other locations off Roads and Trails, only if such use is consistent
with the Purpose and is approved by Grantee pursuant to Sections 16 (Grantor's Notice)
and 17 (Grantee's Approval).
G. Water Rights. No water rights are included in the Property subject to this
Easement.
H. Hunting; Wildlife Control. Hunting on the Property is prohibited. Live
trapping may be allowed by Grantor as deemed necessary to study threatened or
endangered species, species proposed for listing, or species of concern. Grantor, or any
other party, shall not release any rodents, or non-native or exotic wildlife species on to the
Property, including any wildlife species intended to be relocated from another Property,
and any release of other native wildlife species on the Property is subject to applicable law.
6. Restricted Practices.
A. Subdivision. The division, subdivision or de facto subdivision of the
Property, whether by legal or physical process, into two or more parcels of land or partial
or separate interests (including, but not limited to, condominium interests or the partition
of undivided interests) is prohibited. At all times Grantor shall own and convey the
Property as a single tract of land which shall be subject to the terms and conditions of this
Easement, regardless of whether the Property now consists of separate legal parcels, was
acquired as separate legal parcels, or is treated as separate legal parcels for property tax or
other purposes. Grantor may own the single tract of land by joint tenancy or tenancy in
common, consistent with Section 23.K (Joint and Several Liability); provided, however,
that Grantor shall not undertake any legal proceeding to partition, subdivide or divide in
any manner such undivided interests in the single tract of land. Nothing in this Easement
shall prohibit Grantor from separately conveying the Property and any land adjacent to the
Property owned by Grantor.
Page 7
B. Surface Disturbance. Any alteration of the surface of the land, including
without limitation, the movement, excavation, extraction or removal of soil, sand, gravel,
rock, peat or sod, is prohibited, unless such alteration is associated with permitted acts on
and uses of the Property and is consistent with the Purpose.
C. Water Improvements. The construction of new water Improvements or
enlargement of existing water Improvements, the enlargement of existing ponds or
reservoirs, and the construction of new ponds or reservoirs, is subject to Grantee approval
pursuant to Sections 16 (Grantor's Notice) and 17 (Grantee's Approval). Any portion of
the Property that is disturbed by the maintenance, repair, construction or enlargement of
water Improvements shall be restored to a condition that is consistent with the Purpose
promptly after said activity is completed. Grantee is and may become the owner of certain
water rights and easements for wells, water storage and related facilities on the Property,
and Grantee shall have the right to construct, repair and maintain such facilities without
amendment to this Deed.
D. Commercial or Industrial Activity. Grantor shall not conduct industrial
uses on the Property. Grantor shall not conduct commercial uses of the Property except
for those commercial uses approved by Grantee pursuant to Sections 16 (Grantor's Notice)
and 17 (Grantee's Approval).
E. Feed Lot. Grantor shall not establish or maintain a feed lot. For purposes
of this Easement, "feed lot" means a permanently constructed confined area or facility
which is used and maintained continuously and exclusively for purposes of warm-up or
fattening large numbers of livestock for market.
F. Public Access. There are currently public Trails located on the Property,
and the Parties acknowledge that members of the public have the right to access the Trails
on the Property.
G. Trash. Grantor may not dump or accumulate any kind of trash, sludge, or
refuse on the Property.
H. Hazardous Materials. Grantor may use agri-chemicals on the Property in
accordance with all applicable federal, state or local laws. For purposes of this Easement,
"Hazardous Materials" shall mean: (i) any "hazardous substance" as defined in § 9601(14)
of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
as amended ("CERCLA"), (ii) any "pollutant or contaminant" as defined in § 9601(33) of
CERCLA, (iii) any hazardous waste as defined in C.R.S. § 25-15-101(6), or any of items
included within the non -exhaustive list of over 600 substances listed in 40 C.F.R. § 302.4
that qualify as hazardous substances under CERCLA. The use, treatment, storage, disposal,
or release of Hazardous Materials shall only be permitted in accordance with applicable,
federal, state and local law and regulations. Without limiting the foregoing, nothing in this
Easement shall be construed as giving rise to any right or ability in Grantee, nor shall
Grantee have any right or ability, to exercise physical or managerial control over the day-
to-day operations of the Property, or otherwise to become an operator with respect to the
Property within the meaning of CERCLA.
Page 8
I. Weed Control. The Parties recognize the potential negative impact of
noxious weeds and invasive plant species on the Conservation Values. Grantor shall
manage noxious weeds and invasive plant species in a manner consistent with the Purpose.
Grantee has no responsibility for the management of noxious weeds and invasive plant
species.
J. Motorized Vehicle Operation. Grantor may operate motorized vehicles on
the Property for property management and public safety purposes. Subject to the
provisions of Section 6X (Public Access), Grantor may permit members of the public to
access the Property (i) by motorized vehicles only on the Roads, (ii) utilizing power -driven
devices for disabled persons on Roads and Trails and only pursuant to Grantor's or
Grantee's adopted rules and regulations, (iii) using electric bicycles only on Roads and
Trails and only pursuant to Grantor's or Grantee's adopted rules and regulations, and (iv)
to the extent otherwise required to comply with the Americans with Disabilities Act or as
otherwise approved by Grantee pursuant to Sections 16 (Grantor's Notice) and 17
(Grantee's Approval).
K. Easements, Rights of Way or Other Interests. The conveyance or
modification of an easement, right of way or other similar interest is prohibited unless
approved by Grantee pursuant to Sections 16 (Grantor's Notice) and 17 (Grantee's
Approval).
L. Signs. Grantor shall not place signs on the Property unless approved by
Grantee pursuant to Sections 16 (Grantor's Notice) and 17 (Grantee's Approval).
M. Other Restricted Uses. Grantor shall not construct or establish
playgrounds, athletic fields, golf courses, sod farms, helicopter pads, or airstrips anywhere
on the Property.
7. Responsibilities of Grantor and Grantee Not Affected. Other than as specified
herein, this Easement is not intended to impose any legal or other responsibility on Grantee, or in
any way to affect any existing obligations of Grantor as owner of the Property. Additionally,
unless otherwise specified below, nothing in this Easement shall require Grantor to take any action
to restore the condition of the Property after any Act of God or other event over which Grantor
had no control. Grantor shall continue to be solely responsible and Grantee shall have no
obligation for the upkeep and maintenance of the Property and Grantor understands that nothing
in this Easement relieves Grantor of any obligation or restriction on the use of the Property imposed
by law. Among other things, this shall apply to:
A. Taxes. Grantor shall be solely responsible for payment of all taxes and
assessments levied against the Property. If Grantee is ever required to pay any taxes or
assessments on its interest in the Property, Grantor will reimburse Grantee for the same. If
for any reason Grantor fails to pay any taxes, assessments or similar requisite charges,
Grantee may pay such taxes, assessments or similar requisite charges, and may bring an
action against Grantor to recover all such taxes, assessments and similar charges plus
interest thereon at the rate charged delinquent property taxes by the county assessor's office
in which the Property is located.
Page 9
B. Indemnification. Grantor shall indemnify, defend and hold harmless
Grantee and its trustees, commission and committee members, officers, directors,
employees, agents, and contractors and the heirs, personal representatives, successors and
assigns of each of them (collectively, the "Grantee Parties") from and against any and all
loss, damage, cost, or expense, including reasonable attorneys' fees, arising from or in any
way related to: (i) injury to or the death of any person, or damage to property, occurring on
or about or related to the Property, except to the extent due to the act or omission of the
Grantee Parties; (ii) Grantor's obligations under this Easement; (iii) the presence or release
of hazardous materials on, under, or about the Property under Section 6.11 (Hazardous
Materials); (iv) the existence of any underground storage tanks on the Property; or (v) the
violation or alleged violation of, or other failure to comply with any state, federal, or local
law, regulation, or requirement, including, without limitation, CERCLA and state
hazardous waste statutes, by any person other than any of the Grantee Parties, in any way
affecting, involving, or relating to the Property.
8. Enforcement. If Grantee finds what it believes is a violation of the terms of this
Easement, Grantee shall immediately notify Grantor in writing of the nature of the alleged
violation ("Notice of Violation"). Upon receipt of the Notice of Violation, Grantor shall
immediately discontinue the activity or use that has caused the alleged violation and shall either:
(a) restore the Property to its condition prior to the violation in accordance with a written
restoration plan ("Restoration Plan"); or (b) provide a written explanation to Grantee of the
reason why the alleged violation should be permitted. The Restoration Plan shall be submitted to
Grantee within twenty (20) days after Grantor's receipt of the Notice of Violation, or within a
longer time period if so specified by Grantee in the Notice of Violation. The Restoration Plan
shall be approved or disapproved by Grantee in writing within thirty (30) days after its submittal.
Grantor shall begin restoring the Property in accordance with the Restoration Plan within ten (10)
days after it is approved by Grantee and diligently pursue such cure to completion in compliance
with the terms of the approved Restoration Plan. If the condition described in clause (b) above
occurs, both parties agree to meet within thirty (30) days to resolve this difference. If the parties
are unable to resolve the dispute at the meeting, Grantee may, at its discretion, take appropriate
legal action. If after receipt of the Notice of Violation, Grantor continues the activity or use that
caused the alleged violation or if a court with jurisdiction determines that a violation is imminent,
exists, or has occurred, Grantee may seek an injunction to stop it, temporarily or permanently,
prior to the parties meeting and prior to completion of the Restoration Plan. A court may also
issue an injunction to require Grantor to restore the Property to its condition prior to the violation,
and may order Grantor to pay any restoration costs necessitated by Grantor's violation of the terms
of this Easement.
Grantor shall pay any costs incurred by Grantee in enforcing the terms of this Easement
against Grantor, including, without limitation, costs and expenses of suit, and attorneys' fees and
any costs of restoration necessitated by Grantor's violation of the terms of this Easement. If the
deciding body determines that Grantee has acted in bad faith in seeking to enforce this Easement,
each Party shall be responsible for their own costs. The parties will share equally in any mediation
fees. Grantee's remedies described in this Section shall be cumulative and shall be in addition to
all remedies now or hereafter existing at law or in equity, including the right to recover any
damages for loss of Conservation Values. Enforcement of the terms of this Easement shall be at
Page 10
the discretion of Grantee, and the failure of Grantee to discover a violation or to take action shall
not waive any of Grantee's rights, claims or interests in pursuing any such action at a later date.
9. Transfer of Easement. Grantee shall have the right to transfer this Easement to
any public agency or private non-profit organization that, at the time of transfer, is authorized to
hold conservation easements under C.R.S. §§ 38-30.5-101 et seq., and only if the agency or the
organization expressly agrees to abide by the terms of this Easement and to assume the
responsibility imposed on Grantee by this Easement. Grantee shall notify Grantor in advance of
any proposed transfers. If Grantee ever ceases to exist or no longer qualifies under federal or state
law, a court with jurisdiction shall transfer this Easement to another qualified organization having
similar purposes and that agrees to abide by the terms of this Easement and to assume the
responsibility imposed on Grantee by this Easement.
10. Transfer of Property. Grantor shall incorporate the terms of this Easement by
reference in any deed or other legal instrument by which it divests itself of any interest in all or a
portion of the Property, including, without limitation, a leasehold interest. Grantor shall notify
Grantee in writing within (5) business days after closing using the form in Exhibit D attached
hereto and made a part hereof, and shall attach to the form a copy of the new ownership deed.
11. Acts Beyond a Party's Control. Nothing contained in this Easement shall be
construed to entitle a Party to bring any action against the other Party for any injury to or change
in the Property resulting from causes beyond the Parties' control, including, without limitation,
fire, flood, storm, and earth movement, or from any prudent action taken by a Party under
emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting
from such causes. Notwithstanding the foregoing, Grantor shall take reasonable efforts to prevent
third parties from performing, and shall not knowingly allow third parties to perform, any act on
or affecting the Property that is inconsistent with the Purpose of this Easement.
12. Termination or Extinguishment of Easement. Except as provided in Section 13
(Compensation upon Condemnation, Termination or Extinguishment), this Easement or any part
hereof may be terminated or extinguished only by judicial proceedings in a court of competent
jurisdiction. The only ground upon which this Easement can be terminated or extinguished is the
total loss of all Conservation Values. If termination or extinguishment occurs, Grantee shall be
entitled to compensation determined as provided in Section 13 (Compensation upon
Condemnation, Termination or Extinguishment).
13. Compensation upon Condemnation, Termination or Extinguishment.
A. Value of Conservation Easement. Grantor and Grantee agree that this
Easement gives rise to a property right, immediately vested in Grantee with a fair market
value that is at least equal to the proportionate value that the Easement, at the time of its
conveyance, bears to the value of the Property as a whole at that time. The Parties agree
that the best estimate of the fair market value of the Easement is seventy-five percent (75%)
of the full fair market value of the Property unrestricted by this Easement represented as a
percentage ("Easement Value Ratio"), which Easement Value Ratio shall remain
constant, and Grantee's proportionate share of the fair market value of the Property thereby
determinable shall remain constant.
Page 11
B. Termination or Extinguishment. If a subsequent unexpected change in the
conditions surrounding the Property can make impossible or impractical the continued use
of the Property for conservation purposes, this Easement can only be terminated or
extinguished, whether with respect to all or a part of the Property, by judicial proceedings
in a court of competent jurisdiction. Unless otherwise required by applicable law at the
time, in the event of any subsequent sale of all or any portion of the Property (or any
property received in connection with an exchange or involuntary conversion of the
Property) after such termination or extinguishment, and prior to the payment of any costs
or expenses associated with such sale, Grantee shall be entitled to the Easement Value
Ratio multiplied by the proceeds of any such sale.
C. Condemnation. Grantor shall notify Grantee immediately of any
communication or notice received concerning any proposed taking or condemnation
affecting the Property. If all or any portion of the Property is taken under the power of
eminent domain by public, corporate, or other authority, Grantee shall have the right to
participate in any proceedings as a real property interest holder and Grantor and Grantee
shall join in appropriate proceedings at the time of such taking to recover the full fair
market value (without regard to any diminution in value attributable to the Easement) of
the interests in the Property subject to the taking and all incidental or direct damages
resulting from the taking. In addition, Grantee may pursue any remedies in law or in equity,
including opposition to the condemnation of the Property. Prior to the payment of any
expenses reasonably incurred by the Parties in connection with such taking, Grantee shall
be entitled to the Easement Value Ratio multiplied by the proceeds received from such
taking. The respective rights of Grantor and Grantee set forth in this Section 13.0 shall be
in addition to, and not in limitation of, any rights they may have at common law.
D. Proceeds. Grantee's share of any proceeds received pursuant to this
Section 13 shall be used by Grantee in a manner consistent with the conservation purposes
of this Easement as of the time of its conveyance and shall otherwise comply with Treas.
Reg. § 1.170A-14(g)(6).
E. Remedies. Grantee's remedies described in this Section shall be cumulative
and shall be in addition to any and all remedies now or hereafter existing at law or in equity,
including the right to recover any damages for loss of Conservation Values as described in
C.R.S. § 38-30.5-108.
14. Perpetual Duration. This Easement shall be a servitude running with the land in
perpetuity. The provisions of this Easement that apply to Grantor or Grantee shall also apply to
their respective agents, heirs, executors, administrators, assigns, and all other successors as their
interests may appear; provided, however, that each party's rights and obligations under this
Easement shall terminate (as to such party, but not as to such parry's successor, who shall be bound
as provided herein) upon a transfer of the party's entire interest in this Easement or the Property,
except that liability of such transferring party for act or omissions occurring prior to such transfer
shall survive the transfer.
15. Change of Circumstance. The fact that any use of the Property that is prohibited
by this Easement, or any other use as determined by Grantee to be inconsistent with the Purpose
Page 12
of this Easement, may become economically more valuable than permitted uses has been
considered by Grantor in granting this Easement. It is the intent of both Grantor and Grantee that
such circumstances shall not justify the termination or extinguishment of this Easement pursuant
to Section 13 (Compensation upon Condemnation, Termination or Extinguishment). In addition,
the inability to carry on any or all of the permitted uses, or the unprofitability of doing so, shall not
impair the validity of this Easement or be considered grounds for its termination or extinguishment
pursuant to Section 13 (Compensation upon Condemnation, Termination or Extinguishment).
16. Grantor's Notice. Where Grantor's notice is required in this Deed, Grantor shall
notify Grantee in writing not less than sixty (60) calendar days prior to the date Grantor intends to
undertake the activity in question. The written notice shall describe the proposed activity in
sufficient detail (i.e. location, size, scope, design, nature) to allow Grantee to evaluate the
consistency of the proposed activity with the pertinent terms of this Easement.
17. Grantee's Approval. Where Grantee's approval is required in this Deed, Grantee
shall grant or withhold its approval in writing within thirty (30) calendar days of receipt of
Grantor's written notice thereof. Grantee's decision may be withheld if Grantee is unable to
immediately evaluate the proposed action. Grantor shall not engage in the proposed act or use
until Grantor receives Grantee's approval in writing. As part of its determination, Grantee shall
consider the proposed manner in which the proposed activity will be conducted, whether it
complies with the terms of this Easement, and the likely impact on the Conservation Values.
Grantee's approval may be withheld in its sole discretion. Grantor shall pay any and all costs
associated with the evaluation of the proposed use or activity, including, but not limited to, staff
time, legal fees, and resource specialist fees. Grantee may require an update to the Baseline Report
to document any approval.
18. Notices. Any notice that either party is required to give to the other in writing shall
be transmitted via U.S. mail, overnight delivery service or served personally to the following
addresses which addresses may change from time to time by a party giving written notice in the
manner set forth above:
Grantor: Grand Park Development LLC
P.O. Box 30
Winter Park, CO 80482
Grantee: Town of Fraser
P.O. Box 370
Fraser, CO 80442
Attn: Town Manager
19. Liens on the Property. No provisions of this Easement should be construed as
impairing the ability of Grantor to use this Property as collateral for subsequent borrowing. Any
mortgage or lien arising from such a borrowing is subordinate to this Deed.
20. No Merger, Abandonment, Release, or Adverse Possession. Should Grantee in
the future own all or a portion of the fee interest in the Property, Grantee as successor in title to
Grantor, shall observe and be bound by the obligations of Grantor and the restrictions imposed on
Page 13
the Property by this Easement. In addition, this Easement shall not merge with the fee title to the
Property. The Easement shall not be extinguished, in whole or in part, through the legal doctrine
of merger in view of the public interest in its enforcement. This Easement cannot be abandoned,
released, or affected by adverse possession.
21. Grantor Representations and Warranties.
A. Except as provided in Section 19 (Liens on the Property), Grantor warrants
that Grantor: (i) has good and sufficient title to the Property, free from all liens and
encumbrances securing monetary obligations except ad valorem property taxes for the
current year; (ii) has the right to grant access to the Property to Grantee for the purposes
described in this Easement and has in fact granted said access to Grantee; and (iii) hereby
promises to defend title to the Property against all claims that may be made against it by
any person claiming by, through or under Grantor.
B. Grantor represents and warrants that, after reasonable investigation and to
the best of its knowledge:
i. No hazardous substance or toxic waste exists nor has been
generated, treated, stored, used, disposed of, deposited, or transported, in, on, or
across the Property, and that there are no underground storage tanks located on the
Property;
ii. Grantor and the Property are in compliance with all federal state,
and local laws, regulations, and requirements applicable to the Property and its use;
iii. There is no pending or threatened litigation in any way affecting,
involving, or relating to the Property; and
iv. No civil or criminal proceedings or investigations have been
instigated at any time or are now pending, and no notices, claims, demands, or
orders have been received, arising out of any violation or alleged violation of, or
failure to comply with, any federal, state, or local law, regulation, or requirement
applicable to the Property or its use.
22. Acceptance. Grantee hereby accepts without reservation the rights and
responsibilities conveyed by this Deed.
23. General Provisions:
A. Severability. If any provision of this Easement, or the application thereof to
any person or circumstance, is found to be invalid, the remainder of the provisions of this
Easement, or the application of such provision to persons or circumstances other than those
as to which it is found to be invalid, as the case may be, shall not be affected thereby.
Page 14
B. Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon
construction or interpretation.
C. Waiver of Defenses. Grantor hereby waives any defense of laches, estoppel
or prescription and acknowledges and agrees that the one-year statute of limitation
provided under C.R.S. § 38-41-119 does not apply to this Easement, and Grantor waives
any rights of Grantor pursuant to such statute.
D. Controlling Law and Liberal Construction. The provisions of this
Easement are subject to the laws of the United States and the State of Colorado as amended
(or any successor provision then applicable), and the applicable regulations promulgated
thereunder. The provisions of this Easement are to be liberally construed in favor of the
Purpose, and any ambiguities or questions regarding the validity of specific provisions shall
be interpreted in favor of maintaining the Purpose. Any decisions resolving such
ambiguities or questions shall be documented in writing.
E. Counterparts. The parties may execute this instrument in two or more
counterparts which shall, in the aggregate, be signed by all parties; each counterpart shall
be deemed an original instrument as against any party who has signed it; all counterparts,
when taken together, shall constitute this instrument.
F. Amendment. This Easement may be amended only with the written consent
of Grantor and Grantee, to be granted or withheld in each Party's sole discretion. The
amendment must:
be consistent with the Conservation Values and Purpose of this
Easement;
ii. not affect the perpetual duration of the restrictions contained in this
Easement;
iii. not affect any applicable laws, including C.R.S. § 38-30.5-101 et
seq., and any regulations promulgated thereunder;
iv. either enhance or have no effect on any of the Conservation Values
protected by this Easement;
V. not result in private inurement or impermissible private benefit to
any parry;
vi. be consistent with Grantee's public mission; and
vii. comply with Grantee's procedures and standards for amendments
(as such procedures and standards may be amended from time to time).
Any amendment must be in writing, signed by the Parties, and recorded in the Records.
Grantee shall have the right to charge a fee to Grantor for reasonable costs incurred by
Page 15
Grantee, including staff and consultant time and reasonable attorney's fees, associated with
any amendment. The term "amendment" means any instrument that purports to alter in
any way any provision of or exhibit to this Deed. In order to preserve the Easement's
priority, Grantee may require that Grantor obtain subordinations of any liens, mortgages,
easements, or other encumbrances. Nothing in this Section shall be construed as requiring
Grantee to agree to any particular proposed amendment.
G. Entire Agreement. This Deed sets forth the entire agreement of the parties
with respect to the terms of this Easement and supersedes all prior discussions,
negotiations, understandings, or agreements relating to the terms of this Easement, all of
which are merged herein.
H. Development Rights. For purposes of this Easement, "Development
Rights" are defined as all present or future rights to (i) construct, place, replace, enlarge,
maintain or repair any Improvements on the Property; or (ii) receive credit for density for
development on or off the Property. By this Deed, Grantor conveys to Grantee all
Development Rights associated with the Property. Therefore, Grantor does not have the
right to use or transfer any Development Rights conveyed to Grantee by this Deed.
I. Recording. Grantee shall record this Deed in timely fashion in the Records,
and Grantee may re-record it at any time as may be required to preserve its rights in this
Easement.
J. No Third Party Enforcement. This Deed is entered into by and between
Grantor and Grantee and does not create rights or responsibilities for the enforcement of
the terms of this Deed in any third parties except as expressly reserved herein.
K. Joint and Several Liability. If Grantor at any time owns the Property in
joint tenancy or tenancy in common, Grantor shall be jointly and severally liable for all
obligations set forth in this Easement.
L. Environmental Attributes. Grantor hereby reserves all Environmental
Attributes associated with the Property. `Environmental Attributes" shall mean any and
all tax or other credits, benefits, renewable energy certificates, emissions reductions,
offsets, and allowances (including but not limited to water, riparian, greenhouse gas,
beneficial use, and renewable energy), generated from or attributable to the conservation,
preservation and management of the Property in accordance with this Easement. Nothing
in this Section 23.L shall modify the restrictions imposed by this Easement or otherwise
impair the preservation and protection of the Conservation Values.
M. Authority to Execute. Each party represents to the other that such party has
full power and authority to execute and deliver this Deed, and perform its obligations under
this Easement, that the individual executing this Deed on behalf of said party is fully
empowered and authorized to do so, and that this Deed constitutes a valid and legally
binding obligation of said party enforceable against said party in accordance with its terms.
Page 16
N. Effective Date. The "Effective Date" of this Deed shall be the date of its
recording in the Records.
O. Annual Appropriation. To the extent that any financial obligation of this
Deed is subject to the multiple fiscal year obligations of Article 10, Section 20(4)(b) of the
Colorado Constitution or C.R.S. § 29-1-110, such obligation may be subject to annual
appropriation by Grantee. The foregoing is not an agreement or an acknowledgement by
either Grantor or Grantee that any financial obligation which could arise pursuant to this
Deed would be subject to the requirement that funds for such financial obligation must be
appropriated by Grantee. Nothing in this Deed shall be deemed to be a waiver of any rights
that Grantee may have pursuant to C.R.S. § 30-25-104.
P. Costs and Fees. In addition to the costs and fees of enforcement as set forth
in Section 8 (Enforcement), Grantor shall be responsible for the costs and fees set forth in
this Section 23.P. Grantor shall pay any and all costs associated with requests for
Grantee's approval pursuant to Section 17 (Grantee's Approval), including but not limited
to, staff time, legal fees, and resource specialist fees. Grantee shall have the right to charge
a fee to Grantor for reasonable costs incurred by Grantee, including staff and consultant
time and reasonable attorney's fees, associated with any amendment to this Easement
pursuant to Section 23.F (Amendment).
Q. No Waiver of Governmental Immunity. Grantor, its trustees, commission
and committee members, officials, officers, directors, agents and employees, are relying
on, and do not waive or intend to waive by any provision of this Deed, the monetary
limitations or any other rights, immunities and protections provided by the Colorado
Governmental Immunity Act, C.R.S. §§ 24-10-101 to 120, as amended.
TO HAVE AND TO HOLD, this Deed of Conservation Easement unto Grantee, its
successors and assigns, forever.
Page 17
IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind
themselves, have set their hands on the date first written above.
STATE OF COLORADO
SS.
COUNTY OF
Cli:711►U to]
GRAND PARK DEVELOPMENT LLC
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
, 2021, by as of Grand Park
Development LLC, a Colorado limited liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
Page 18
STATE OF COLORADO
ss.
COUNTY OF
The foregoing instrument was
, 2021, by
Fraser, State of Colorado.
Witness my hand and official seal.
My commission expires:
GRANTEE:
TOWN OF FRASER
By:
acknowledged before me this day of
as of the Town of
Notary Public
Page 19
EXHIBIT A
Legal Description of the Property
[To be inserted]
Page 20
EXHIBIT B
Depiction of the Property
[To be inserted]
Page 21
EXHIBIT C
Map of Roads and Trails on the Property
[To be inserted]
Page 22
ry
Q
Z a
2 Z
7 Q Q hm�
to +�
u) ego
2
a �
J � �
Z LrU F
L
LU
U'-''ZE
���1■
!�tr' 4 a'g t
LLI
H
�
a
m_
NQ
` V
I
I
r'
1
I '
EXHIBIT D
Sample Notice of Transfer of Property
To: Town of Fraser ("Grantee")
From: [Insert name of fee owner] ("Grantor")
Pursuant to Section 10 of the Deed of Conservation Easement recorded (date) under
reception number , Grantee is hereby notified by Grantor of the transfer of the fee
simple interest in the subject Property legally described in Exhibit A attached hereto effective
[insert date of closing] to [insert name of new Grantor], who can be reached at [insert name,
legal address, phone and fax number]. Also pursuant to Section 10 of the aforementioned Deed
of Conservation Easement, a copy of the new ownership deed is attached.
STATE OF COLORADO
ss.
COUNTY OF
Cl1.711►Y 00
By: _
Title:
The foregoing instrument was acknowledged before me this day of
20, by
as of
Witness my hand and official seal.
My commission expires:
Notary Public
Date:
Page 23
EXHIBIT
LEGAL DESCRIPTIONS OF FOUR AREAS FOR
CONSERVATION EASEMENTS
SITUATED IN SECTIONS 20, 28 AND 29
TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M.
GRAND COUNTY, COLORADO
SCALE
1" = 2000'
WINTER
PARK
FRASER
SITE
NOTES
2930 28
2019 21
3231 33
LEGAL DESCRIPTION AREA C
SURVEYOR'S STATEMENT:
EXHIBIT
LEGAL DESCRIPTIONS OF
FOUR AREAS FOR
CONSERVATION EASEMENTS
SITUATED IN S20, S28 AND S29
T1S, R75W, 6TH PM
ELK
CREEK
ELK
CREEK
H
W
Y
4
0
R
R
LEGAL DESCRIPTION AREA A
LEGAL DESCRIPTION AREA B
LEGAL DESCRIPTION AREA B
LEGAL DESCRIPTION AREA D
LEGAL DESCRIPTION AREA D
EXCEPT
9/2/2021
AREA D
SEE SHEET 5
AREA D
SEE SHEET 6
AREA A
SEE
SHEET 3
AREA C
SEE SHEET 5
NORTH 1/4 CORNER
SECTION 29
POINT OF COMMENCEMENT
AREAS A, B, C & D
NORTHWEST
CORNER
SECTION 29 SECTION 20
SECTION 29
SE
C
T
I
O
N
2
8
SE
C
T
I
O
N
2
9
AREA ACREAGE +/-
TOTAL 140.25 +/-
ACREAGE TABLE
HI
G
H
W
A
Y
4
0
BASIS OF BEARINGS
S 89°44'20" W 2638.90'
AREAS A, B, C & D
U
N
I
O
N
P
A
C
I
F
I
C
R
R
AREA B
SEE SHEET 4
ELK CREEK
E
L
K
C
R
E
E
K
0 250 500
SCALE: 1" = 250'
EXHIBIT
LEGAL DESCRIPTIONS OF FOUR AREAS FOR
CONSERVATION EASEMENTS
SITUATED IN SECTIONS 20, 28 AND 29
TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M.
GRAND COUNTY, COLORADO
EXHIBIT
LEGAL DESCRIPTIONS OF
FOUR AREAS FOR
CONSERVATION EASEMENTS
SITUATED IN S20, S28 AND S29
T1S, R75W, 6TH PM
9/2/2021
AREA A
14.74 ACRES +/-
UNION PACIFIC
RAILROAD
COZENS POINTE
AT GRAND PARK
REC. NO. 2006009840
METES AND BOUNDS
REC. NO. 95004884
ELK CREEK AT
GRAND PARK FILING NO. 4
REC. NO. 2018002614
P.O.B.
AREA A
P.O.C.
N1/4 SEC 29
UNPLATTED
OWNER: GPD, LLC
ELK CREEK AT
GRAND PARK FILING NO. 4
REC. NO. 2018002614
ELK CREEK AT
GRAND PARK FILING NO. 3
REC. NO. 2018000114
ELK CREEK AT
GRAND PARK FILING NO. 2
REC. NO. 2016003562
ELK CREEK AT
GRAND PARK FILING NO. 1
REC. NO. 2016001816
EL
K
C
R
E
E
K
EL
K
C
R
E
E
K
ELK CREEK AT
GRAND PARK FILING NO. 2
REC. NO. 2016003562
UNION PACIFIC
RAILROAD
0 80 160
EXHIBIT
LEGAL DESCRIPTIONS OF FOUR AREAS FOR
CONSERVATION EASEMENTS
SITUATED IN SECTIONS 20, 28 AND 29
TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M.
GRAND COUNTY, COLORADO
EXHIBIT
LEGAL DESCRIPTIONS OF
FOUR AREAS FOR
CONSERVATION EASEMENTS
SITUATED IN S20, S28 AND S29
T1S, R75W, 6TH PM
9/2/2021
METES AND BOUNDS
UNION PACIFIC
RAILROAD
AREA B
6.56 ACRES +/-
P.O.C.
N1/4
SEC 29
P.O.B.
AREA B
ELK CREEK AT
GRAND PARK FILING NO. 1
REC. NO. 2016001816
ELK CREEK AT
GRAND PARK FILING NO. 3
REC. NO. 2018000114
ELK CREEK AT
GRAND PARK FILING NO. 3
REC. NO. 2018000114
ELK CREEK AT
GRAND PARK FILING NO. 2
REC. NO. 2016003562
ELK CREEK AT
GRAND PARK FILING NO. 1
REC. NO. 2016001816
ELK CREEK AT
GRAND PARK FILING NO. 1
REC. NO. 2016001816
ELK CREEK AT
GRAND PARK FILING NO. 1
REC. NO. 2016001816
ELK CREEK AT
GRAND PARK FILING NO. 3
REC. NO. 2018000114
ELK CREEK AT
GRAND PARK FILING NO. 2
REC. NO. 2016003562
METES AND BOUNDS
0 60 120
EXHIBIT
LEGAL DESCRIPTIONS OF FOUR AREAS FOR
CONSERVATION EASEMENTS
SITUATED IN SECTIONS 20, 28 AND 29
TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M.
GRAND COUNTY, COLORADO
EXHIBIT
LEGAL DESCRIPTIONS OF
FOUR AREAS FOR
CONSERVATION EASEMENTS
SITUATED IN S20, S28 AND S29
T1S, R75W, 6TH PM
9/2/2021
POND CELL A
REC. NO.
2021006416
P.O.C.
N1/4
SEC 29
P.O.B.
AREA D
U.S.
H
I
G
H
W
A
Y
4
0
U.
S
.
H
I
G
H
W
A
Y
4
0
COZENS MEADOW AT
GRAND PARK AMEND. NO. 1
REC. NO. 2007006785
SPECIAL WARRANTY DEED
REC. NO. 2009001131
SP
E
C
I
A
L
W
A
R
R
A
N
T
Y
D
E
E
D
RE
C
.
N
O
.
2
0
0
9
0
0
1
1
3
1
RESUB. OF TRACTS D AND E
FOREST MEADOW SOLAR COMM.
REC. NO. 218772
POND CELL B
REC. NO.
2021006416
POND CELL C
REC. NO.
2021006416
POND CELL D
REC. NO.
2021006416
MATCH LINE
SEE SHEET 6
TRA
C
T
C
OWN
E
R
S
:
G
P
D
,
L
L
C
AR
E
A
C
1.65
A
C
R
E
S
+
/
-
AREA D
117.30 ACRES +/-
TRACT E
TRACT A
OWNER:
GPD, LLC
TRACT B
LOT 19, SUB. EX. PLAT OF
COZENS MEADOW AT GRAND
PARK, AMEND. NO. 1
REC. NO. 2018004431
OWNER: GPD, LLC
TRACT A
LOT 19, SUB. EX. PLAT OF
COZENS MEADOW AT GRAND
PARK, AMEND. NO. 1
REC. NO. 2018004431
OWNER: GPD, LLC
U
.
S
.
H
I
G
H
W
A
Y
4
0
UNPLATTED
MEADOWS AT
GRAND PARK FILING NO. 1
REC. NO. 2020001836
MEADOWS AT
GRAND PARK FILING 1
REC. NO. 2020001836
SU
B
.
E
X
.
P
L
A
T
O
F
CO
Z
E
N
S
M
E
A
D
O
W
A
T
GR
A
N
D
P
A
R
K
A
M
E
N
D
.
1
RE
C
.
N
O
.
2
0
1
1
0
0
9
5
0
8
SUB. EX. PLAT OF
COZENS MEADOW AT
GRAND PARK AMEND. 1
REC. NO. 2011009508
SUB. EX. PLAT OF
COZENS MEADOW AT
GRAND PARK AMEND. 1
REC. NO. 2011009508
WILLOWS AT
GRAND PARK
FILING 1
REC. NO.
2015004926
S
P
E
C
I
A
L
W
A
R
R
A
N
T
Y
D
E
E
D
R
E
C
.
N
O
.
2
0
0
9
0
0
1
1
3
1
UNPLATTED
COZENS MEADOW AT
GRAND PARK AMEND. NO. 1
REC. NO. 2007006785
UNPLATTED
UNION PACIFIC
RAILROAD
0 150 300
EXHIBIT
LEGAL DESCRIPTIONS OF FOUR AREAS FOR
CONSERVATION EASEMENTS
SITUATED IN SECTIONS 20, 28 AND 29
TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M.
GRAND COUNTY, COLORADO
EXHIBIT
LEGAL DESCRIPTIONS OF
FOUR AREAS FOR
CONSERVATION EASEMENTS
SITUATED IN S20, S28 AND S29
T1S, R75W, 6TH PM
9/2/2021
GRAND PARK
NOT RECORDED
GRAND PARK
NOT RECORDED
SEE SHEET 5
MATCH LINE
AREA D
117.30 ACRES +/-
TRACT E
OWNER: GPD, LLC
TRACT A
OWNER:
GPD, LLC
TRACT I
OWNER:
GPD, LLC
TRACT H
OWNER:
GPD, LLC
TRACT L
OWNER: GPD, LLC
TRACT J
OWNER: GPD, LLC
METES AND BOUNDS
OWNER: GPD, LLC
METES AND BOUNDS
OWNER: GPD, LLC
TRACT K
OWNER: GPD, LLC
THE VILLAGE AT
GRAND PARK FILING 2A
REC. NO. 2008007840
UNPLATTED
UNPLATTED
WILLOWS AT
GRAND PARK
FILING 1
REC. NO.
2015004926
WILLOWS AT
GRAND PARK FILING 3
REC. NO.
2016006982
WILLOWS AT
GRAND PARK
FILING 2
REC. NO.
2016006979
WILLOWS AT
GRAND PARK FILING 2
REC. NO. 2016006979
WILLOWS AT
GRAND PARK FILING 3
REC. NO. 2016006982
WILLOWS AT
GRAND PARK FILING 1
REC. NO. 2015004926
UNPLATTED
U
.
S
.
H
I
G
H
W
A
Y
4
0
GRAND PARK
NOT RECORDED
UNION PACIFIC
RAILROAD
UNION PACIFIC
RAILROAD
0 150 300
EXHIBIT
LEGAL DESCRIPTIONS OF FOUR AREAS FOR
CONSERVATION EASEMENTS
SITUATED IN SECTIONS 20, 28 AND 29
TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M.
GRAND COUNTY, COLORADO
EXHIBIT
LEGAL DESCRIPTIONS OF
FOUR AREAS FOR
CONSERVATION EASEMENTS
SITUATED IN S20, S28 AND S29
T1S, R75W, 6TH PM
9/2/2021
0 250 500
SCALE: 1" = 250'
EXHIBIT
LEGAL DESCRIPTIONS OF FOUR
AREAS FOR CONSERVATION
EASEMENTS
SITUATED IN SECTIONS 20, 28 AND 29
TOWNSHIP 1 SOUTH, RANGE 75 WEST
OF THE 6TH P.M.
GRAND COUNTY, COLORADO
EXHIBIT
LEGAL DESCRIPTIONS OF
FOUR AREAS FOR
CONSERVATION EASEMENTS
SITUATED IN S20, S28 AND S29
T1S, R75W, 6TH PM
9/2/2021